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(영문) 의정부지방법원 2017.03.28 2016고단4630
특정범죄가중처벌등에관한법률위반(도주치상)등
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CTB car.

On August 21, 2016, the Defendant driven the above car at around 08:52 on August 21, 2016, and led the two-lane road in front of the D-ri-ri-ri Intersection at the Namyang-ri city, to turn left at the right-hand turn.

At the time of the intersection, there was a vehicle that had been going to the left at the time of the intersection, so there was a duty of care to safely drive the vehicle without driving the vehicle.

Nevertheless, the Defendant neglected his/her duty to turn to the left while passing to the right of the front vehicle, and received the front part of the front side of the front side of the driver’s vehicle in F. F. 46 years old, driving to the right of the front vehicle.

As a result, the Defendant, by such occupational negligence, sustained injury to the above victim, such as light salt, tensions, etc. requiring medical treatment for about three weeks, and, at the same time, escaped without any necessary measures such as aiding the damaged party by stopping, even though the above high-speed car is damaged to the degree of 1,330,808 won, such as exchange of the previous one with the one.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on traffic accidents and a survey report on actual condition;

1. Track records of damaged vehicles (ROMs);

1. Diagnosis line and estimate;

1. A verification center for automobile insurance coverage;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Reasons for sentencing under Article 62(1) of the Criminal Act and unfavorable circumstances:

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